Thursday, September 2, 2010

Absentee AttorneyJoe M.Tolley’s Life is in Danger, So Where is my husband?

Dear Attorney Mitchell I. Roth,

This message is from Ruthie Tolley, my mother, and the following is what she and I believe. My mother has asked me to e-mail the following message to you.

August 24, 2010

Mitchell , it has been almost 2 weeks since you said “I will call you back in 5 minutes.” Yesterday, I learned that my husband was in the hospital (you probably already knew this) and maybe that is part of the reason you did not return my calls. As you know, my daughter Donna Tolley will not answer the phones so we would have to go to the house to see my husband and ask the Police to meet us there. As you know, I am staying with my son Tommy and not at the Rancho Cucamonga house because of safety issues and you are supposed to be helping me get my husband out of Donna's unhealthy care and to get Donna out of the house. In my last e-mail I told you, as I have many times before, to get Donna Tolley out of the house and I would move back in with my husband where he could receive 24 hour health care. I still have not heard from you.

On August 24th, 2010, you finally called me to tell me that we need to talk. Talk about what? The only thing we need to talk about is getting my husband out and to safety. You said we need to make Donna Tolley take a deposition. Why now? If there is any truth in your statement, why did you not do this when I first met you 8 to 9 months ago? I believe you just want to continue to delay and deny me because Donnasue Smith Ortiz and Judge J. Michael Welch have been anticipating my husband’s slow but planned death, or the closing of escrow of the Pasadena property that they are all stealing under the guise of Conservatorship.

Listen to me, I want my husband home with me as I stated in my last e-mail to you. You are completely ignoring what I want. Now you said there is nothing that you could do for my husband, it is up to Attorney Donnasue Ortiz. If there is nothing you could do, why did you promise all of these things? For 9 months, you promised that my husband would not end up in a rest home, and that we would just get Donna out of the Rancho Cucamonga house. Promises and more promises, more delays and more denials. What else would your purpose be but to promise, delay and deny?

I believe that your assignment by Judge J. Michael Welch was to delay and deny me, while my husband is being killed off. I feel that you are being completely heartless.

Mitchell, when you finally called, you mentioned nothing about the restraining order, nor about my e-mailed responses to your letters about getting Donna out of the Rancho Cucamonga house, nor about my husband and I moving back in together, nor that my husband Joe Tolley would continue to receive 24 hour care at home as I stated in my e-mails to you. I do not believe that you plan to help me get my husband back together with me. Mitchell, you should be helping me to fight this "Restraining Order" which has yet to be served even as of today, August 31th, 2010.

On August 21st 2010, I learned that my husband was hospitalized at the San Antonio Community Hospital for a urinary tract infection. The doctors and nurses at San Antonio Community Hospital all said he could receive the care and treatment for his urinary tract infection at home. But as in the Probate Murders, I believe my husband is being isolated from the family. For example, Donna's restraining order, being appointed temp-conservator by a corrupt Judge (Welch), suspected of real estate fraud by using the Conservatorship Courts, and the right Court Forced Attorneys (CFAs) to mislead the elderly and the defenseless as their estates are raped and family members (conservatees), slowly being killed off.

Me, my son Tommy and along with other family members, Marian, my other daughter, and her daughter a registered nurse, went to the Hospital Sunday August 22, 2010. We had not seen him in so long. Again, since Judge J. Michael Welch appointed my daughter Donna Tolley as Temp Conservator, my husband’s health has deteriorated. I believe you did nothing to help me get my husband Joe out from under Donna’s unhealthy care on purpose by not objecting to her continued Temp-Conservatorship at our last Court date, instead you later claimed that Donna was already the Temp-Conservator so you did not object. Again that made no sense at all but, I believe this only allowed Donna Tolley and Attorney Donnasue Smith Ortiz to continue their plan to get rid of my husband of 65 years. Mitchell, your actions and non-actions have caused my family greater continued grief. There is nothing funny about this.

As you know, our goal is and always has been to get my husband to safety and out of Donna’s unhealthy care. Donna and my son Kenneth came to the hospital, and Donna told everyone including me Joe Tolley's wife to “get out” of the room, stating that she was in charge. I believe Donna later called the Upland Police who said Donna showed them a restraining order against me, Ruthie Tolley, and my son Tommy, and that we could not come within 100 yards of my husband of 65 years, and that I could not go within 100 yards of my own house in Rancho Cucamonga. We have not been served with any restraining order. We explained the situation to the Police and our safety concerns for my husband as well as to Doctor Gee and the hospital staff, but we were asked to leave by Upland Police.

My husband is being drugged and cannot seem to wake up. He asked, barely speaking, that my son Tommy must help him. However, we could only do so much because I believe of the corruptedness of Judge J. Michael Welch and Donnasue Smith Ortiz. Donna Tolley and another doctor said that my husband is going to a rest home. Imagine a judge, two greedy daughters, and one greedy son stealing everything you have, then allowing your husband to be drugged into a zombie like state and your lawyer doing nothing, and then stealing your last piece of Pasadena property as an excuse for taking care of your husband, while knowing he is being slowly murdered.

Not only that, your appointed lawyer then claims to be putting the proceeds in an account for your husband while you have you no reason to trust him.

I believe that my husband is being slowly killed. I believe that Judge J. Michael Welch and others will funnel the proceeds from the sale of my property, perhaps to pay back a loan that he and others may have taken out on his or their own personal properties. I believe the third party involved with funneling money back to the Judge Welch would be someone appointed to handle the account. I have been declared capable and competent of handling my own affairs by three different doctors. Two of them court appointed. That includes handling my husband’s affairs, which I have always done in the past. It should have all ended after being declared competent.

If Donna is doing such a good job, as I believe Judge Welch’s co-conspirator Donnasue Ortiz claims, why is my husband unable to speak and suddenly be immobile? My husband, even after the stroke, was able to speak and was strong and mobile. My husband Joe M.Tolley had never been bed ridden. I believe that he is just being drugged by Donnasue's doctors and nurses and I believe my daughter Donna is helping. By drugging the conservatee, Donnasue Ortiz and my daughter ensures that my husband cannot do anything for himself.

He was able to walk until Donnasue and Donna took over and got me out of my house. I strongly believe that he is being drugged. Just like the Probate Murders. I will never see those proceeds from the sale of any building and you know it. We are going to find out what is going on, Mitchell.

The reason why I have this suspicion is because a few years ago, a doctor named Cohen tried to experiment on my husband with Donna’s help when I was in control. Donna took my husband to see Dr. Cohen. I had it stopped, and I believe that this Doctor is experimenting on my husband’s brain now as he tried before. I had to stop him. I believe he is killing my husband slowly. You could have helped to stop this Mitchell, but you did not speak for me as I had asked. I believe that you did what Donnasue Smith Ortiz wanted, to keep Joe M.Tolley under Donna's unhealthy care and put him up for sale. I believe you know this is all about money. Donna Tolley said Doctor Cohen is not seeing my husband, but I believe so strongly that was a lie.

Mitchell, everything that you promised me would not happen, did in fact happen. Do not try to blame this on Tommy or undue influence. I believe that this case has been orchestrated by Judge J. Michael Welch and Donnasue Ortiz from the beginning when the Judge first denied me my rights to choose my own attorney, and then ordering me to take you as my attorney or else he, Judge Welch, would just appoint a conservator for me. Judge Welch then appointed my daughter Donna Tolley asTemporary Conservator even after I told him of the physical abuse and assault on me by my daughters Donna Tolley and Carol Ann Harris. He then ordered my son Tommy to take me and my husband back to the house where the assaults occurred. I believe that Judge Welch and Donnasue Ortiz want Donna Tolley in control because Donna has our money and Judge Welch and Donnasue are following the money. Judge Welch wants my property sold so that he can funnel it through an account and eventually into his own pockets. But for this to work, my husband would first have to be slowly killed off. Just like the Probate Murders.

As of Monday morning Aug ust 23rd, 2010, I have not been served any “restraining order” but I am waiting. Do not try to say Todd has to or can only do this or do that. Mitchell, you should have been doing the things that you are trying to say Todd should be doing. Remember, Tommy just recently hired Todd. Do not tell me to call Donnasue Ortiz as you have before, you should be communicating with Donnasue on my behalf about all my concerns in writing. You and Donnasue Ortiz are, as you stated “colleagues,” remember? I believe that you do not want to write anything negative about Donnasue Ortiz because you are friends and colleagues. I believe that you did your job, but it was primarily to make me believe that my daughter Donna would be held accountable, so you could keep promising, denying and delaying.

You continued to make promises to me knowing that they would not hold water until we get to the point in the case where we are today with nothing and my husband drugged, dying and under Donnasue and Donna Tolley’s unhealthy care and Donnasue’s doctors and nurses. All this time, you are not insisting and have not produced any documented effort to have Donna Tolley removed as Temporary Conservator, to get her out of the house, nor have you called to compel the Court to have Donna produce any documentation for this case. I believe that you could have accomplished this at our last court meeting but I do not believe this was your true intent as evidenced by your own silence.

I believe that Donnasue Ortiz made a deal with Donna Tolley back in July of 2009 or sooner, to turn the Rancho Cucamonga House over to my daughter Donna and compensation as well as Judge Welch’s will come from the sale of the Pasadena property. I believe that Donnasue wants my husband so that she can finish him off in a rest home and to isolate all other family members so that no one will know what happened to him just like the Probate Murders. You, Mitchell are part of this. As I have told you before, my husband is not a slave, the proverbial carrot, or human sacrifice for sale for experimentation being used for barter. He is a human being. I believe this is what Judge Welch and Donnasue Ortiz are doing, with no regard for human life, only filling their own pockets and mortgages.

I believe that Donnasue lied and should have been removed off this case a long ago. You said Judge Welch likes Donnasue and yourself. I am sure he does for many reasons. Judge Welch threw away document proof provided by my son Tommy that Donnasue Otiz was lying to the court right in front of my son Tommy while in court. Remember you thought this was so funny when I told you about this and you said that you are going to tell Donnasue Ortiz about it as if it were a joke. I just called the hospital and learned that my daughter Donna had taken my husband out of the hospital. No one will tell me where he was taken to. Where is he, Mitchell? I believe that the actions Judge J. Michael Welch, Attorney Donnasue Smith Ortiz, Maryellen Ross (Donna Tolley’s attorney) are those parallel to the “Probate Murders.”

I believe it is quite clear that Judge J. Michael Welch and Donnasue Ortiz and their doctors and nurses all have every intention of slowly killing my husband, Joe M. Tolley Sr. As you may know, I believe that Donnasue Smith Ortiz worked with or for Ms. Melodie Scott of the C.A.R.E. Inc. Ms. Scott’s license as a fiduciary was denied recently. I believe family members of those under Ms. Scotts C.A.R.E were complaining about the way their family members were being treated and eventually dying under doctors working with C.A.R.E. and not being able to have any control over the conservatee. I believe, according to the San Bernardino Sentinel and other publications, Judge Welch tried to defend Ms. Scott.

Mitchell, I have a right to know what is happening to my husband of 65 years Joe M. Tolley Sr. I have a right to know his medication, the doctors involved in his care, where he is, why he is so heavily medicated to the point where he sleeps all day and cannot recognize me, speak or barely raise his arm. I believe your actions and non-actions are supporting Donna Tolley and Donnasue Ortiz’s efforts to isolate my husband from his family.

On August 26th, 2010, I found out that my husband was taken to Heritage Park Rest home in Rancho Cucamonga. Tommy and I went out to see him. We visited for about an hour, we could not wake him up. The nurse said he could not eat by the mouth and is being fed intravenously by way of his arm and stomach. I/we saw the feeding lines personally. The nurse said that he has not eaten any solid foods since he arrived. Donna had told me that my husband was sitting up and had eaten mashed potatoes. After seeing him in this condition, I was convinced that Donna lied about my husband eating such solid foods.

I believe I have been set up by Judge J. Michael Welch in the following ways:

- Mitchell, I believe this has been a set up from the beginning and you knew your role in it.- Judge Welch denying my rights to my own attorney.- Forcing me to take you as my attorney or else he (Judge Welch) stated that he would just assign a conservator for me. Then changing the court transcripts.- Assigning Donna Tolley as Temp-conservator, I believe he and Donnasue and Maryellen Ross knows that she is hiding our money but claiming it to be all gone. If it is all gone as Donna and Maryellen Ross, you and Donnasue Ortiz, claims, then who is paying the mortgage? Where is the proof?

- After telling Judge Welch about the physical abuse by my two daughters, He ignored me and ordering my son Tommy to take me and my husband back to the house where we were assaulted.- Ordering me to be psychologically evaluated by two court ordered doctors. Each doctor stated that I am capable of handling my own affairs including another phyciatrist through my own doctor . But I believe Judge Welch and Donnasue wants my estate to liquidate and to feed their own pockets so they ignored the positive results.

- No proof all our money is gone. Just take the Tolley family property anyway. You did nothing to discover, to force, or compel the Courts for an accounting from Donna Tolley.- Donna Tolley not taking my husband to the hospital. Tommy took him to the hospital and learned that he had pneumonia. Donna would not take my husband complaining of the costs.- Putting a hostile Conservator ( Donna Tolley) in complete charge of the Conservatee’s estate so that even family members cannot see them. Such as putting a restraining order against family members. Even the wife of 65 years. Isolation as in the Probate Murders.- Putting my Pasadena property up for sale claiming for my husbands benefit. I believe this will eventually go into Judge Welch’s and other attorney’s pockets just like the Probate Murders.- Isolating family members from the Conservatee.

- Liquidating the estate for no justifiable reason. I can handle my own affairs.- Slowing killing and drugging the conservatee until their body just shuts down. Just like the Probate Murders.

I believe that Judge J.Michael Welch is one of the leaders of this corruption and is using the Conservatorship courts to steal and abuse the elderly and the defenseless. I believe Judge J.Michael Welch is a co-conspirator to murder. Others of our family believe the same.

As of today August 31, 2010 I, nor my son Tommy have ever been served with any "Restraining Orders" and do not know the content of any accusations they may contain. I am told that there is a September 7, hearing date but we have not been notified. They could only be false accusations based on the sole purpose of isolating me, the wife of 65 years, and my son, Tommy, who has always had our best interest in mind.

Reason for this Page

Studies estimate that 50% of elderly American are victims of financial exploitation while only 4% to 15% case are ever reported. Financial swindles are one of the fastest growing forms of abuse of the elderly according to NCEA.

Fraud, Duress, Deception and Trickery -

An example of fraud is the situation where one influences a testator that another relative has stirred up trouble....statements.

Financial exploitation should be considered if the patient has suddenly transferred assets to a family member.

Isolation Means:

1. Acts of intentionally committed for the purpose of preventing and that do serve to prevent, an elder or dependent from receiving their mail or phone calls.

Elder Abuse = Death

Because older victims usually have fewer support systems and reserves—physical, psychological, and economic—the impact of abuse and neglect is magnified, and a single incident of mistreatment is more likely to trigger a downward spiral leading to loss of independence, a serious complicating illness, and even death.

Spiritual Quotes -

Exodus 20:12
Honor your father and your mother, so that you may live long."

John 8:32
"Then you will know the truth, and the truth will set you free."

Leviticus 19:32
"Rise in the presense of the aged, show respect for the elderly."

Bhagavad Gita Chapter 17
"For the sake of respect, honor, veneration and indeed pride is said to be of ... superiors like the father and mother, and in cleanliness, simplicity, and nonviolence."

Other Notables Quotes

Robinson Jeffers
"The heads of strong old age are beautiful beyond all grace of youth."

Pindar (522 BC - 443 BC)
A graceful and honorable old age is the childhood of immortality.

Carol Matthau
There is no old age. There is, as there always was, just you.

Booth Tarkington (1869 - 1946)"Cherish all your happy moments; they make a fine cushion for old age."

Gloria Pitzer
About the only thing that comes to us without effort is old age.

"Make wisdom your provision for the journey from youth to old age, for it is a more certain support than all other possessions."

General Disclaimer

The stories that appear on this blog are said to be true and have been submitted by people who are victims or have had a loved one victimized. ElderAbuseHelp.Org , its Editor or Contributors have no first hand knowledge of the stories published . These are versions of events based upon the alleged declarations of aggrieved parties, and no final judgment and/or outcome can be obtained without a full and and complete investigation. We urge you to report all offenses or suspetced offences to your local and state law enforcement authorities and keep careful notes of all events.

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